United States v. Jeffries

PER CURIAM.

Joseph H. Gay, Jr., Assistant U.S. Attorney, Mara Asya Blatt, Assistant U.S. Attorney, San Antonio, TX, for Plaintiff–Appellee

Bradford W. Bogan, Assistant Federal Public Defender, San Antonio, TX, Shane John Stolarczyk, Keller Stolarczyk P.L.L.C., Boerne, TX, Quentin Lavelle Jeffries, USP Polloc, Pollock, LA, for Defendant–Appellant

Before REAVLEY, SMITH, and HAYNES, Circuit Judges.

PER CURIAM:

Treating the petition for rehearing en banc as a petition for panel rehearing, we DENY the petition for panel rehearing and note the following:

1. Since the filing of Jeffries' petition for rehearing en banc, our court has ruled that the Supreme Court has not applied Johnson v. United States , 576 U.S. ––––, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015) to the career offender sentencing guidelines definition